VARSHA AHUJA Vs. IREO GRACE REALTECH PRIVATE LIMITED

JUDGEMENT

(1.) Heard Mr. Pawan Kumar Ray, Advocate, for the complainants, Mr. Sameer Chaudhary, Advocate, for opposite Party.

(2.) Varsha Ahuja and Aseem Ahuja have filed above complaint, for directing the opposite party to (i) refund Rs.19281625.88 with interest @18% per annum from the date of respective deposit till the date of refund, (ii) pay Rs.500000.00, as compensation for mental agony and harassment, (iii) pay Rs.150000.00, as litigation cost; and (iii) any other relief which is deemed fit and proper in the facts of the case.

(3.) The complainants stated that the opposite party was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing projects and selling its unit to the prospective buyers. The opposite party launched a group housing project in the name of "The Corridors" at villages Dhumaspur and Maidwas, Sector-67-A, Gurgaon, in January, 2013 and made wide publicity of the facilities and amenities of the oncoming project. Believing upon the representations and tall promises of the opposite party, the complainants booked a 3BHK+S flat on 25/3/2013 and deposited booking amount. The opposite party issued Allotment Offer Letter, allotting Apartment No.CD-A-3/5/502, super area 1920.22sq.ft. and executed Apartment Buyer's Agreement (ABA) on 27/8/2014, in which, basic sale price of Rs.18050068.00 ((@ of Rs.9400.00 per sq.ft.) was mentioned. Clause-13.3 of the ABA provides, 42 months period from the date of approval of building plan, for offer of possession with grace period of 180 days. Clause-13.5 provides an extended period of 12 months, beyond which, the allottee shall be entitled to opt for termination of allotment. As per Annexure-IV, payment plan was "instalment payment plan" which was actually a "construction linked payment plan". Initially, the developer announced for "timely payment rebate" but withdrew it, vide letter dtd. 2/7/2015. The complainants diligently followed payment plan and deposited total Rs.19281625.00. As informed by the developer, building plan was approved in February, 2014, as such, 48 months period expired in February, 2018. The complainants visited the site and found that the construction was grossly incomplete and not likely to be completed in near future. Extended period also expired in February, 2019. Therefore, this complaint was filed on 7/8/2019, alleging deficiency in service.